In its first months in office, the Obama administration sought to protect Bush administration officials facing criminal investigation overseas for their involvement in establishing policies the that governed interrogations of detained terrorist suspects. A “confidential” April 17, 2009,
cable sent from the US embassy in Madrid to the State Department—one of the 251,287 cables obtained by WikiLeaks—details how the Obama administration, working with Republicans, leaned on Spain to derail this potential prosecution.The previous month, a Spanish human rights group called the Association for the Dignity of Spanish Prisoners had requested that Spain’s National Court indict six former Bush officials for, as the cable describes it, “creating a legal framework that allegedly permitted torture.” The six were former Attorney General Alberto Gonzales; David Addington, former chief of staff and legal adviser to Vice President Dick Cheney; William Haynes, the Pentagon’s former general counsel; Douglas Feith, former undersecretary of defense for policy; Jay Bybee, former head of the Justice Department’s Office of Legal Counsel; and John Yoo, a former official in the Office of Legal Counsel. The human rights group contended that Spain had a duty to open an investigation under the nation’s “universal jurisdiction” law, which permits its legal system to prosecute overseas human rights crimes involving Spanish citizens and residents. Five Guantanamo detainees, the group maintained, fit that criteria.
Soon after the request was made, the US embassy in Madrid began tracking the matter. On April 1, embassy officials spoke with chief prosecutor Javier Zaragoza, who indicated that he was not pleased to have been handed this case, but he believed that the complaint appeared to be well-documented and he’d have to pursue it. Around that time, the acting deputy chief of the US embassy talked to the chief of staff for Spain’s foreign minister and a senior official in the Spanish Ministry of Justice to convey, as the cable says, “that this was a very serious matter for the USG.” The two Spaniards “expressed their concern at the case but stressed the independence of the Spanish judiciary.”
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The Conflict in Chechnya: Confronting the Threat of State Disintegration and the Right to Self-Determination
November 30, 2010Shavkat Kasymov, Foreign Policy Journal, November 28, 2010
Abstract
This essay focuses on the right of the Chechen people to self-determination. I examine the legitimacy of the Chechens’ claim to self-determination and assess the policies of the Russian government toward the minority populations of the Caucasus. I also assess various aspects related to the legitimacy of the movements that fight for self-determination in the context of the global war on terror as well as the problem of violations of minority group rights. In this essay, I argue that current policies of the Russian government in the Caucasus do not lay the foundation for the long-lasting peace and stability in the region and are, in large part, conducive to the continuation of separatist tendencies.
Human Rights and Nation Building Policies
The right to self-determination is intimately linked to the right to free association as well as a guaranteed protection of cultural rights under universal UN conventions, whereas the concept of state sovereignty is the foundational framework on which the global peace and security are built in the modern world. Today, the conflict of principles of state sovereignty and identity group rights continues to generate and fuel a number of local wars and conflicts in many parts of the world. Moreover, some localized conflicts have been extended to other countries owing to the ideological factors that fuel them.
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Tags: Chechnya, Human rights, Russia, Self-Determination, Shavkat Kasymov
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